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June 23, 2005



You seem to be an apologist for the court. Many of your fellow liberals do not agree with taking of private property. It's time to wake up.


I think it is a common misunderstanding that this was a case about the taking of private property. It was not. Eminent domain has been the law of the land, written into the Constitution from virtually the very start. As I said above, it was about who gets to define "public use."

For those who don't like judges making new law and also don't like the taking of private property, even with just compensation and for "public use", they need to change the Constitution by the official process rather than have Scalia et al. do it for them.


I found interesting the analysis by Publius at Legal Fiction (

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